About 100,000 state officials will be subject to close scrutiny for possible conflicts of interest under a legal change backed by the National Anti-Corruption Commission (NACC).
Graft-buster Wichai Wiwitsewi said yesterday armed forces leaders, university rectors and state enterprise board members are likely to join the prime minister and members of the cabinet defined as "state officials" under transparency provisions of the anti-corruption legislation.
The NACC wants to update a list of state officials under Article 100 who are barred from having interests in contracts made with state agencies which they have the authority to control, oversee or regulate. They may have to make annual declarations of assets they own, and could be subject to other reporting requirements.
When the law was introduced in 1999,the provision did not specify the "state officials" who were subject to examination for conflict of interest.
The positions of prime minister and cabinet members and their spouses were added later.
The guilty verdict against former prime minister Thaksin Shinawatra in the Ratchadaphisek land purchase scheme was partly based on the provision. In October 2008, Thaksin was convicted
by the Supreme Court's Criminal Division for Holders of Political Positions of abusing his power while he was prime minister to help his wife's purchase of the Ratchadaphisek land at a discount in 2006.
Mr Wichai said the positions to be added to the list were proposed during a series of NACC seminars.
"About 80-90%[of people surveyed]want the list to include executive positions at government agencies. These positions will be screened again and the list could be put in effect next year.
"It will give the NACC a tool to better tackle conflict of interest," he said.
It would be impossible to have all state officials come under Article 100.
"But it helps to be specific [about what constitutes a conflict of interest and if it is against the law] because in some cases a conflict of interest does not involve corruption," he said.
Democrat Party deputy spokesman Thirachart Pangwirunrak said yesterday government officials in executive posts such as permanent secretaries, directorsgeneral and provincial governors should be scrutinised.
Investigations by House committees found that some members serve on state enterprise and private company boards and make millions of baht in monthly salaries and allowances.
"There is this case in which a deputy governor of a state enterprise has shares in a company which is the agency's contract partner. Article 100 doesn't cover such a case," he said.
He also welcomed the prospect of politicians being scrutinised for possible conflict of interest.
Preecha Suwannathat, former writer of the NACC Act, yesterday backed the proposed extension of the list, saying even judges and graft-fighters should be covered by the provision.
He also suggested that corruptiontainted agencies should be listed.
Dr Tul Sitthisomwong, of the Civil Network, said the extension of the state officials list would give the NACC more power to fight corruption.
The NACC says a total of 3,657 corruption cases are pending its investigation.
Sunday, October 4, 2009
Highest court moves out of upper house
British constitutional history was made on Thursday as judges in a new Supreme Court were sworn in,replacing the House of Lords as Britain's highest appeal tribunal.
Ending a centuries-old judicial quirk,11 new justices took their oaths of office in the new Supreme Court of the United Kingdom, housed in a gothic building just across from the Houses of Parliament.
Although largely symbolic, the move - which will also see cameras allowed into court for the first time - should make the administration of justice more transparent, politicians and judges say.
"This is important. It emphasises the independence of the judiciary, clearly separating those who make the law from those who administer it," said Lord Nicholas Phillips, president of the new court.
"As Justices of the Supreme Court,we will be more visible to the public than we ever were when sitting as members of the House of Lords."
Since 1876, the role of final court of appeal for England, Wales and Northern Ireland has been performed by the Law Lords, a House of Lords committee made up of top judges.
Before then, it was the job of ordinary peers who contemporary commentators said were often unfamiliar with the law - and keener on drinking at gentlemen's clubs than hearing complex cases.
Although the Law Lords' independence was not in question, in recent years ministers and many top lawyers came to believe that separating the judiciary, parliament and the executive was important for the sake of clarity.
The new Supreme Court Justices are in fact the same men who had until now been called Law Lords - minus their wigs.
Ending a centuries-old judicial quirk,11 new justices took their oaths of office in the new Supreme Court of the United Kingdom, housed in a gothic building just across from the Houses of Parliament.
Although largely symbolic, the move - which will also see cameras allowed into court for the first time - should make the administration of justice more transparent, politicians and judges say.
"This is important. It emphasises the independence of the judiciary, clearly separating those who make the law from those who administer it," said Lord Nicholas Phillips, president of the new court.
"As Justices of the Supreme Court,we will be more visible to the public than we ever were when sitting as members of the House of Lords."
Since 1876, the role of final court of appeal for England, Wales and Northern Ireland has been performed by the Law Lords, a House of Lords committee made up of top judges.
Before then, it was the job of ordinary peers who contemporary commentators said were often unfamiliar with the law - and keener on drinking at gentlemen's clubs than hearing complex cases.
Although the Law Lords' independence was not in question, in recent years ministers and many top lawyers came to believe that separating the judiciary, parliament and the executive was important for the sake of clarity.
The new Supreme Court Justices are in fact the same men who had until now been called Law Lords - minus their wigs.
Chavalit returns to political fray, joins Puea Thai Party
Former prime minister Chavalit Yongchaiyudh has officially resumed his political career, joining the opposition Puea Thai Party and putting forward a plan to restore national unity.
Speaking after registering as a Puea Thai member yesterday, Gen Chavalit said he was driven by an urge to end "unprecedented" social divisions.
He said that it was not him who chose to resume his political activities with the Puea Thai Party. The decision was made by the public at large.
"I did not do the choosing. I asked around - most people like the poor,the farmers, the workers, police, soldiers and those in the deep South. They want me to be here," he said.
He said that at this stage he was a plain party member and was willing to work with other members in making Puea Thai a "political party for the masses".
Gen Chavalit was approached to become the party's chief adviser.
The former prime minister said a dialogue would be the best approach to end political conflicts and divisions.
Gen Chavalit laughed and said he was not in a hurry when asked if he was ready to become prime minister.
He also played down the pending charges against him for his alleged involvement in the Oct 7 crackdown last year, saying he would fight the charges through all available channels.
The National Anti-Corruption Commission recently resolved to file charges against him over the police crackdown on People's Alliance for Democracy demonstrators on Oct 7,2008. Gen Chavalit was deputy prime minister in charge of security affairs at the time.
Gen Chavalit, accompanied by 20 supporters, was greeted with a warm welcome and given a Puea Thai Party jacket by Puea Thai leader Yongyuth Wichaidit after completing his paperwork.
Among his supporters was Gen Panlop Pinmanee, former deputy director of the Internal Security Operations Command, who said yesterday he was ready to bury the hatchet with Gen Chavalit.
"Our conflict was strictly about work.I still respect him and now we share the same ideology," said Gen Panlop who was transferred by Gen Chavalit over the Krue Se massacre in April 2004.
He said the teaming-up of Gen Chavalit, Gen Orapan Wattanawibul, Gen Wattana Sanpanich and Lt Gen Pirat Sawamiwat would be a formidable force.
"Old soldiers never die and they are ready to work for the country," he said.
Lt Gen Pirat said yesterday that the Puea Thai Party had leadership problems which he believed would be resolved in a a few months.
Speaking after registering as a Puea Thai member yesterday, Gen Chavalit said he was driven by an urge to end "unprecedented" social divisions.
He said that it was not him who chose to resume his political activities with the Puea Thai Party. The decision was made by the public at large.
"I did not do the choosing. I asked around - most people like the poor,the farmers, the workers, police, soldiers and those in the deep South. They want me to be here," he said.
He said that at this stage he was a plain party member and was willing to work with other members in making Puea Thai a "political party for the masses".
Gen Chavalit was approached to become the party's chief adviser.
The former prime minister said a dialogue would be the best approach to end political conflicts and divisions.
Gen Chavalit laughed and said he was not in a hurry when asked if he was ready to become prime minister.
He also played down the pending charges against him for his alleged involvement in the Oct 7 crackdown last year, saying he would fight the charges through all available channels.
The National Anti-Corruption Commission recently resolved to file charges against him over the police crackdown on People's Alliance for Democracy demonstrators on Oct 7,2008. Gen Chavalit was deputy prime minister in charge of security affairs at the time.
Gen Chavalit, accompanied by 20 supporters, was greeted with a warm welcome and given a Puea Thai Party jacket by Puea Thai leader Yongyuth Wichaidit after completing his paperwork.
Among his supporters was Gen Panlop Pinmanee, former deputy director of the Internal Security Operations Command, who said yesterday he was ready to bury the hatchet with Gen Chavalit.
"Our conflict was strictly about work.I still respect him and now we share the same ideology," said Gen Panlop who was transferred by Gen Chavalit over the Krue Se massacre in April 2004.
He said the teaming-up of Gen Chavalit, Gen Orapan Wattanawibul, Gen Wattana Sanpanich and Lt Gen Pirat Sawamiwat would be a formidable force.
"Old soldiers never die and they are ready to work for the country," he said.
Lt Gen Pirat said yesterday that the Puea Thai Party had leadership problems which he believed would be resolved in a a few months.
Ex-cop sues graft fighters
The Criminal Court has accepted a lawsuit filed against five members of the National Counter Corruption Commission by a former city police commander who was sacked in connection with a brawl between protesters at CentralWorld three years ago.
Pol Col Thanayut Wutthicharasthamrong's lawyer filed a malfeasance in office suit against Vicha Mahakul, Tortrakul Yomnak, Pol Maj-Gen Naphan Yensudjai, Kosol Khamsiri and Natthawut Khomprasert, a source said.
They were members of the inquiry panel which looked into the officer's role in an incident at Bangkok's CentralWorld shopping mall on Aug 21,2006.
The panel, chaired by Mr Vicha, found Pol Col Thanayut, formerly Pol Col Ritthirong Thepchanda, had committed criminal and disciplinary breaches by failing to intervene in a brawl between opponents and supporters of then prime minister Thaksin Shinawatra at CentralWorld. The officer was dismissed from the police force.
He later brought his case before the Chiang Mai Administrative Court, which this week ruled that he be reinstated.
In his suit filed with the Criminal Court on Sept 21,the officer accused the five inquiry panel members of committing malfeasance as defined by criminal and anticorruption laws.
Pol Col Thanayut said in the suit that the panel's inquiry did not deliver him justice.The court has scheduled the first hearing for Dec 14.
The NCCC was transformed into the National Anti-Corruption Commission in 2008.
Pol Col Thanayut Wutthicharasthamrong's lawyer filed a malfeasance in office suit against Vicha Mahakul, Tortrakul Yomnak, Pol Maj-Gen Naphan Yensudjai, Kosol Khamsiri and Natthawut Khomprasert, a source said.
They were members of the inquiry panel which looked into the officer's role in an incident at Bangkok's CentralWorld shopping mall on Aug 21,2006.
The panel, chaired by Mr Vicha, found Pol Col Thanayut, formerly Pol Col Ritthirong Thepchanda, had committed criminal and disciplinary breaches by failing to intervene in a brawl between opponents and supporters of then prime minister Thaksin Shinawatra at CentralWorld. The officer was dismissed from the police force.
He later brought his case before the Chiang Mai Administrative Court, which this week ruled that he be reinstated.
In his suit filed with the Criminal Court on Sept 21,the officer accused the five inquiry panel members of committing malfeasance as defined by criminal and anticorruption laws.
Pol Col Thanayut said in the suit that the panel's inquiry did not deliver him justice.The court has scheduled the first hearing for Dec 14.
The NCCC was transformed into the National Anti-Corruption Commission in 2008.
SONDHI GETS SIX MONTHS FOR LIBEL
Sondhi Limthongkul, a leader of the yellow-shirt movement, suffered another legal blow yesterday when the Criminal Court sentenced him to six months in jail in a libel suit filed by former foreign minister Noppadon Patama.
It was the third conviction for the outspoken media mogul in less than a month.
Sondhi, co-leader of the People's Alliance for Democracy, was found guilty of defaming Noppadon when he accused the former foreign minister of betraying the royal family by working as lawyer for former premier Thaksin Shinawatra.
The court ruled that Sondhi's remark against Noppadon - recipient of a royally-sponsored scholarship - that he was even less grateful than His Majesty the King's dog, Khun Tongdaeng, was defamatory.
"The plaintiff has his basic rights to work as a lawyer for any person," said the ruling.
The court also ordered Sondhi's companies Thai Day Dot Com and Manager Media Group to pay a fine of Bt20,000 each for broadcasting his libellous remarks and distributing CDs containing video files of the programme containing the remarks.
Sondhi was released on a bail of Bt100,000. He had appealed the two previous libel cases that he lost early last month.
An appeals court last month reduced to six months the two-year jail term that Sondhi was given by a lower court in March 2008 for defaming former deputy transport minister Phumtham Wechayachai. The Criminal Court also sentenced Sondhi to two years in jail for defaming former central bank governor MR Pridiyathorn Devakula.
On hearing the sentence, Noppadon said he was "glad I received justice," the Agence France-Presse reported. "From now on, Sondhi must realise that he cannot go on making false claims against anyone in this country without being punished," he said.
Sondhi yesterday said he would accept leadership of the PAD's New Politics Party if the group's followers support him to take the post. "I am ready to do the job," he said.
The party, which now has Somsak Kosaisuk as its acting leader, is expected to hold a general meeting on Tuesday.
It was the third conviction for the outspoken media mogul in less than a month.
Sondhi, co-leader of the People's Alliance for Democracy, was found guilty of defaming Noppadon when he accused the former foreign minister of betraying the royal family by working as lawyer for former premier Thaksin Shinawatra.
The court ruled that Sondhi's remark against Noppadon - recipient of a royally-sponsored scholarship - that he was even less grateful than His Majesty the King's dog, Khun Tongdaeng, was defamatory.
"The plaintiff has his basic rights to work as a lawyer for any person," said the ruling.
The court also ordered Sondhi's companies Thai Day Dot Com and Manager Media Group to pay a fine of Bt20,000 each for broadcasting his libellous remarks and distributing CDs containing video files of the programme containing the remarks.
Sondhi was released on a bail of Bt100,000. He had appealed the two previous libel cases that he lost early last month.
An appeals court last month reduced to six months the two-year jail term that Sondhi was given by a lower court in March 2008 for defaming former deputy transport minister Phumtham Wechayachai. The Criminal Court also sentenced Sondhi to two years in jail for defaming former central bank governor MR Pridiyathorn Devakula.
On hearing the sentence, Noppadon said he was "glad I received justice," the Agence France-Presse reported. "From now on, Sondhi must realise that he cannot go on making false claims against anyone in this country without being punished," he said.
Sondhi yesterday said he would accept leadership of the PAD's New Politics Party if the group's followers support him to take the post. "I am ready to do the job," he said.
The party, which now has Somsak Kosaisuk as its acting leader, is expected to hold a general meeting on Tuesday.
Govt appeals Map Ta Phut ruling
The Office of the AttorneyGeneral yesterday filed an appeal against the Central Administrative Court's injunction on 76 industrial projects in the Map Ta Phut Industrial Estate.
Authorities hope the appeal will communicate to investors their sincerity in facilitating investment.
The appeal was filed with the Supreme Administrative Court and sought a reversal of the lower court's injunction.
Prasartchai Tontapanish, directorgeneral of the OAG's Administrative Litigation Department, said the government had no legal obligation to suspend the projects, because under the Constitution it made the rules.
He insisted government agencies had done their best to ensure fairness to all and said it was always possible that their actions might run counter to public opinion.
Regarding nongovernmental organisations' accusations of a "lack of humanity" on the part of the administration, Prasartchai said that was their opinion and that if the clash escalated, legal amendments would be the answer.
The filing was made in collaboration with the Industry Ministry, which had earlier planned to file the appeal this coming Monday. The ministry changed its mind for fear of clashing with protesters.
Finance Minister Korn Chatikavanij yesterday said during a recent meeting with investors from the Netherlands, Belgium and Luxembourg that investment in Map Ta Phut neither violated the Constitution nor caused a serious environmental impact.
"A definition of 'serious impact' must be formulated, so that investment can resume," he said.
Former deputy prime minister MR Pridiyathorn Devakula said the court case served as a lesson to the government after the problem had been ignored by previous administrations.
He said if the conflict could be solved, investor confidence would be restored. Even though this could take some time, it is only natural that a longneglected problem is not solved within a short period.
Authorities hope the appeal will communicate to investors their sincerity in facilitating investment.
The appeal was filed with the Supreme Administrative Court and sought a reversal of the lower court's injunction.
Prasartchai Tontapanish, directorgeneral of the OAG's Administrative Litigation Department, said the government had no legal obligation to suspend the projects, because under the Constitution it made the rules.
He insisted government agencies had done their best to ensure fairness to all and said it was always possible that their actions might run counter to public opinion.
Regarding nongovernmental organisations' accusations of a "lack of humanity" on the part of the administration, Prasartchai said that was their opinion and that if the clash escalated, legal amendments would be the answer.
The filing was made in collaboration with the Industry Ministry, which had earlier planned to file the appeal this coming Monday. The ministry changed its mind for fear of clashing with protesters.
Finance Minister Korn Chatikavanij yesterday said during a recent meeting with investors from the Netherlands, Belgium and Luxembourg that investment in Map Ta Phut neither violated the Constitution nor caused a serious environmental impact.
"A definition of 'serious impact' must be formulated, so that investment can resume," he said.
Former deputy prime minister MR Pridiyathorn Devakula said the court case served as a lesson to the government after the problem had been ignored by previous administrations.
He said if the conflict could be solved, investor confidence would be restored. Even though this could take some time, it is only natural that a longneglected problem is not solved within a short period.
SUU KYI'S APPEAL AGAINST CONVICTION REJECTED
A Burmese court yesterday rejected an appeal by prodemocracy icon Aung San Suu Kyi against her extended house arrest, just days after the US reengaged with the country's ruling junta.
Judges at a divisional court in Rangoon upheld the Nobel Laureate's conviction, her lawyer said, over an indicent in which an American man swam uninvited to her home, earning her an extra 18 months in detention.
"The appeal was rejected but we will take it to the high court," said Suu Kyi's lawyer and the spokesman for the National League for Democracy party, Nyan Win, after the hearing.
Asked whether he was disappointed, the lawyer said Suu Kyi might have a better chance at Burma's high court.
He said the defence team was seeking permission from the authorities to visit the frail 64-year-old as soon as possible, to inform her of the ruling and discuss a further appeal, which must be filed within the next 60 days. Suu Kyi - who has spent much of the last 20 years in detention - was not present for the verdict, which was delivered amid tight security with uniformed and plain-clothes policemen patrolling the area.
Her extender house arrest will keep he off the scene for elections promised by the regime for 2010, adding to widespread criticism that the polls are a sham designed to legitimise the junta's grip on power.
John Yettaw, an eccentric American who striggered the debacle by swimming to Suu Kyi's lakeside mansion in May, was sentenced to seven years' hard labour in August, but the regime freed him after a visit by US Senator Jim Webb.
Meanwhile, China and other allies of the junta have joined an international call for the release of Suu Kyi.
The UN Human Rights Council's 47 members unani-mously adopted a resolution yesterday in Geneva to demand that Burma release all political prisoners and allow them to take part in next year's elections.
Judges at a divisional court in Rangoon upheld the Nobel Laureate's conviction, her lawyer said, over an indicent in which an American man swam uninvited to her home, earning her an extra 18 months in detention.
"The appeal was rejected but we will take it to the high court," said Suu Kyi's lawyer and the spokesman for the National League for Democracy party, Nyan Win, after the hearing.
Asked whether he was disappointed, the lawyer said Suu Kyi might have a better chance at Burma's high court.
He said the defence team was seeking permission from the authorities to visit the frail 64-year-old as soon as possible, to inform her of the ruling and discuss a further appeal, which must be filed within the next 60 days. Suu Kyi - who has spent much of the last 20 years in detention - was not present for the verdict, which was delivered amid tight security with uniformed and plain-clothes policemen patrolling the area.
Her extender house arrest will keep he off the scene for elections promised by the regime for 2010, adding to widespread criticism that the polls are a sham designed to legitimise the junta's grip on power.
John Yettaw, an eccentric American who striggered the debacle by swimming to Suu Kyi's lakeside mansion in May, was sentenced to seven years' hard labour in August, but the regime freed him after a visit by US Senator Jim Webb.
Meanwhile, China and other allies of the junta have joined an international call for the release of Suu Kyi.
The UN Human Rights Council's 47 members unani-mously adopted a resolution yesterday in Geneva to demand that Burma release all political prisoners and allow them to take part in next year's elections.
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